Retirement Accounts & Life Insurance

Typically IRA's go to the designated beneficiary and are not controlled by the Will.  In Texas, IRa's must go to spouse unless she signed a wavier allowing for someone else to be the beneficiary.  If a new spouse is not named a beneficiary, they can challenge the lack of designition

ERISA rules control over 401k's and Pensions.  Accordingly, the spouse must be beneficiary unless she signed a wavier.  New Spouses have the same protection.  Divorced spouses by default would be beneficiary unless designation is changed but this can be challenged in court.

Life insurance typically goes to designated beneficiaries.  If an ex-spouse is still designated beneficiary, this can be challenged.  If Life insurance is through an ERISA plan it goes accordingly to that beneficiary.

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